Federal judge again blocks Iowa book ban; expected to rule on 'don't say gay' restrictions soon

A federal judge has again blocked Iowa’s ban on certain books from public school classrooms and libraries.

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U.S. District Judge Stephen Locher ruled Tuesday that the ban on books depicting sex acts was likely unconstitutional and issued a preliminary injunction preventing its enforcement while the lawsuit against it continues, the Associated Press reports.

The book ban is part of a broader “don’t say gay” law passed by Iowa’s legislature and signed by Republican Gov. Kim Reynolds in May 2023. Two suits have been filed to challenge the law. Publishers and authors, including John Green and Jodi Picoult, and the Iowa State Education Association sued over the book ban, saying it went “far beyond obscenity to prohibit any book with any description of a sex act for any age,” according to the AP.

Iowa Safe Schools, a nonprofit supporting LGBTQ+ and allied youth, along with parents and children, challenged the entire law — the book ban, restrictions on instruction about sexual orientation and gender identity in grades K-6, and a provision forcing the outing of students who wish to change their names or pronouns. They are represented by Lambda Legal, the American Civil Liberties Union’s Iowa affiliate, and the law firm of Jenner & Block.

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In December 2023, Locher issued injunctions in both suits, blocking all provisions except the forced outing one. Last August, the U.S. Court of Appeals for the Eighth Circuit overturned his rulings, lifted the injunctions, and sent the case back to Locher for application of what the appellate court considers the correct standards for reviewing the statute.

In his Tuesday ruling, he said the book ban violates the U.S. Constitution “under both legal standards the Court believes are applicable,” the AP reports. He is expected to rule in the Iowa Safe Schools suit soon. Both are likely to be appealed again.

Iowa Attorney General Brenna Bird vowed to keep on defending the law. “This common sense law makes certain that the books kids have access to in school classrooms and libraries are age-appropriate,” said a statement from Bird. “I’m going to keep on fighting to uphold our law that protects schoolchildren and parental rights."